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copyright

Many authors are concerned that someone, anyone, will learn of their book idea and try to pass it off as their own. Although this is rare, the worry is understandable. Ideas do get stolen, copyrights are infringed, and the originator of the idea may end up with nothing.

The trouble for the author is, if you want to create a really good book, you have to be willing to share it with others before you publish it. You need feedback from friends, family, beta readers, industry experts, professional editors, agents, and publishers. You also need to be able to share it with reviewers and anyone you might ask for a foreword or a blurb. You have to be confident enough in the system to send your work out into the world and let other people reflect on your ideas.

So how do you get that confidence? As an editor, I often have potential clients ask what they can do to protect themselves from having their work stolen (“by you or anyone else” being the unspoken implication). Well, my first thought is always, “I have no interest in writing or publishing your book. Do you know how much work that would be for me?” But for those who are truly worried, I suggest a few precautions they could take. These protections apply to anyone you may share your work with:

Research your editors, agents, publishers, or other publishing professional. Your first responsibility is to ensure you are working with someone who is above board, whom you can trust. Ask for references, ask about their work history, and talk to other writers to find out if they have any experience with this person. Look online for warnings, and listen to your gut. If you don’t trust the person, don’t work with them. For in-depth advice on this topic, see How to Hire a Freelance Editor in 5 Easy Steps.

Ask the person to sign a nondisclosure/confidentiality agreement. I have signed a few of these in my career for both publishing houses and individuals. I have no plans for your book, so it’s no skin off my back. For you as the author it clarifies to the person that you don’t want your ideas spread around. You consider the work confidential and they should too.

Register your copyright. This is the most extreme step, but it also assures the most protection. Plus, it’s easy, it’s only $35 if you do it electronically, and no one has to know you did it. You have an inherent copyright in your work, but registration helps you to defend that copyright. Visit the US Copyright Office website or the Canadian Intellectual Property Office website for details. You can find a crib sheet on registering copyright in this blog post here.

As one blog reader pointed out, documentation is key in all of this. Periodically saving your files as PDFs or other nonalterable formats with date stamps will help you to prove what you wrote and when you wrote it.

Of course, none of these steps will prevent someone from taking your work. Once the document leaves your computer, some malicious person could find it and try to make it their own. But by taking these simple steps, you can minimize the chances of that happening, and you can maximize your ability to fight any legal battles that may come up as a result.

Self-publishers, take note: While it’s true that you hold an inherent copyright to your work just for the fact that you wrote it, should anyone try to infringe on your copyright you will be best served by registering with the US Copyright Office (www.copyright.gov). That may sound intimidating, but it is actually a fairly straightforward process.

How to Register

Start by going to the US Copyright Office website. The Copyright Office accepts both online and paper applications, and the applications come with easy-to-understand instructions. The filing fee (as of 2015) is $35 for online registration and $85 for hard copy.

In addition to the application and the filing fee, you will be asked to provide a copy of the “deposit” — what the Copyright Office calls the work to be registered. If you file electronically you can send an electronic file or a hard copy of your work; file with paper and you have to send a hard copy. (The Copyright Office prefers online applications, but you are not bound by that.)

When to Register

You can register your book either before or after publication. Although simple, it can be a lengthy process, as getting the certificate can take nearly three months for the electronic application and nearly six months for paper applications. During particularly busy times, those lags can be even longer.

The good news is, unless you have reason to believe you will not be granted copyright, you don’t have to wait until you receive your certificate before publishing the work. The date of registration is the date the office receives the completed application, not the date you receive your certificate. Still, copyright registration is not something you want to let slip through the cracks. I would recommend beginning earlier rather than later.

Upon publication, if you have a print book, submit a hard copy to be held in the Library of Congress.

What Not to Include

When you apply for copyright, you are making a public record. That means anyone can view the information you supply. The Copyright Office website offers this pointed advice:

Personally identifying information, such as your address, telephone number, and email address, that is submitted on the registration application becomes part of the public record. Some information will be viewable in the Copyright Office’s on‑line databases that are available on the Internet. For this reason, you should provide only the information requested. Please do NOT provide any additional personal information that is not requested, such as your social security number or your driver’s license number.

As identity theft is a real problem in this country, heeding this advice only makes sense.

The Copyright Office provides the option of “preregistration” for works that have not yet been completed. (Important: This is separate from registration of unpublished works.) The fee for preregistration is a whopping $140. I suspect this fee is intended to be a deterrent, as even the Copyright Office notes that preregistration is not helpful for most people. Rather, preregistration is recommended only for those who meet these two criteria:

You think it is likely someone will infringe on your copyright before the work is made public, and

The work isn’t finished.

Note also that even if you preregister, you will still need to go through the registration process. Except in extreme circumstances, you will most likely want to register your work rather than preregister it.

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I'm the owner of POP Editorial Services, where I provide copyediting, proofreading, and developmental editing to authors and publishers across the country. I'm also the author of the award-winning book PERFECT BOUND: How to Navigate the Book Publishing Process Like a Pro, published in September 2014, and the booklet Freelancing as a Business: 7 Steps to Take Before Launch Day, published by the Editorial Freelancers Association in August 2015.